January 8, 2025: The Gauhati High Court has directed the Assam government to clarify whether it has implemented the Standard Operating Procedure (SOP) issued by the Union Ministry of Health and Family Welfare for providing medical facilities to the transgender community. The directive was issued during a hearing on a Public Interest Litigation (PIL) filed by Advocate Swati Bidhan Baruah, highlighting the lack of adequate medical care for transgender individuals in the state, particularly access to reconstructive surgeries.

The petitioner informed the court that the Union Health Ministry had issued an SOP on September 3, 2024, outlining measures for the medical treatment and other facilities for the transgender community. The petitioner further alleged that the Assam government had yet to act on the SOP, resulting in a continued lack of essential healthcare services for the community.

A division bench comprising Chief Justice Vijay Bishnoi and Justice Kaushik Goswami took note of the additional affidavit submitted on January 6, 2025, and directed the government to provide a response. The court asked the state to confirm whether the SOP had been implemented and to furnish details of steps taken under the Transgender Persons (Protection of Rights) Act, 2019, which mandates healthcare and welfare measures for transgender individuals.

The court emphasized the need for a prompt and comprehensive response, underscoring the importance of addressing the healthcare needs of the transgender community. The matter has been listed for further hearing on March 3, 2025.

This case, titled Swati Bidhan Baruah v. The State of Assam & 2 Ors., is seen as a critical test of the state’s commitment to upholding the rights and welfare of transgender individuals. The outcome is expected to have significant implications for the implementation of policies aimed at ensuring healthcare equity in Assam.